Mr Stefan Cecconi v ACR No.1 Pty Ltd T/A Prestige Honda

[2011] FWA 9308

[2011] FWA 9308

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Mr Stefan Cecconi
v
ACR No.1 Pty Ltd T/A Prestige Honda
(U2011/10322)

COMMISSIONER CLOGHAN PERTH, 23 DECEMBER 2011

Unfair dismissal remedy.

[1] On 1 August 2011, Mr Stefan Cecconi (“the Applicant”) made application to Fair Work Australia (FWA) seeking a remedy for alleged unfair dismissal from his employer, ACR No 1 Pty Ltd T/A Prestige Honda (“the Employer”).

[2] The application was made pursuant to s.394 of the Fair Work Act 2009 (“the FW Act”).

[3] The matter was not resolved at conciliation on 30 August 2011 and referred to me for arbitration on 1 September 2011.

[4] On 5 September 2011, Mr Cecconi and the Employer were advised of a conciliation conference set down for 21 September 2011.

[5] Mr Cecconi failed to attend the conciliation conference on 21 September 2011. The Applicant did not provide any explanation or notification that he would not be attending.

[6] On 23 September 2011, I forwarded correspondence to Mr Cecconi advising that the Tribunal would not set the matter down for a further conference or hearing until he confirmed, in writing, that he wished to progress his application.

[7] On 26 September 2011, Mr Cecconi, in writing, apologised for his non attendance at the conciliation conference and advised that he wanted to progress his application.

[8] On 30 September 2011, the parties were advised of a further conciliation conference on 6 October 2011 which was later rescheduled to 7 November 2011. Conciliation was unsuccessful.

[9] The application was set down for hearing and procedural directions issued on 16 November 2011. Mr Cecconi failed to provide documentation to comply with procedural directions required on 23 and 30 November 2011.

[10] On 5 December 2011, I advised Mr Cecconi that I had noted his non compliance with the procedural directions and, should he not comply with those procedural directions by 4pm on 12 December 2011, I would set the application for hearing no earlier than seven (7) days from that date.

[11] On 15 December 2011, Mr Cecconi and the Employer were advised of a hearing date of 23 December 2011.

[12] On 23 December 2011, Mr Cecconi failed to attend the hearing into his application or provide any notification or explanation for his non attendance.

[13] In the absence of the Applicant failing to prosecute his claim of alleged unfair dismissal, I dismissed the application; these are my reasons for dismissing the application. Accordingly, an order will be made dismissing the application.

COMMISSIONER

Appearances:

Non appearance of the Applicant.

Mr Gifford with Mr Schoolland for the Respondent.

Hearing details:

2011:

Perth,

23 December.

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